BILL NUMBER: SB 874	CHAPTERED  10/10/99

	CHAPTER   886
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN SENATE   JUNE 10, 1999
	AMENDED IN SENATE   APRIL 15, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Escutia
   (Principal coauthor:  Senator Leslie)

                        FEBRUARY 25, 1999

   An act to amend Sections 15010 and 15012 of the Family Code,
relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 874, Escutia.  Family Law Information Centers.
   (1) Existing law establishes, until January 1, 2003, family law
information centers in 3 pilot project courts for the purpose of
providing information to unrepresented low-income family law
litigants.  Existing law requires, in superior courts with a family
law facilitator, that in at least one pilot project court the family
law facilitator staff and provide the services of the family law
information center.  The program is administered by the Judicial
Council.  Under existing law, these provisions will be repealed on
January 1, 2003.
   This bill would revise those provisions to revise the notice to
family law facilitators; to impose new duties on family law
information centers and persons employed or supervised by a family
law information center, thereby imposing new duties under an existing
optional program; and to extend the date by which the Judicial
Council is required to report its evaluation of the pilot project to
the Legislature to March 1, 2003, and to extend the repeal date of
the provisions to January 1, 2004.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 15010 of the Family Code is amended to read:
   15010.  (a) (1) It is the intent of the Legislature in enacting
this section to establish a pilot project to be administered by the
Judicial Council for the purpose of providing information to
unrepresented low-income family law litigants.
   (2) It is the intent of the Legislature, in creating this pilot
project, to determine the most effective service delivery model to
provide family law information and services to unrepresented
litigants.
   (3) It is the intent of the Legislature that all family law
services available to litigants in the superior court of each county
strive to adopt policies to most effectively coordinate their
activities to ensure ease of access to unrepresented litigants and to
avoid unnecessary duplication of services and administrative
oversight by the Judicial Council or other oversight agencies.
   (b) (1) The pilot project shall consist of three pilot project
courts that shall be selected by the Judicial Council from those
courts that apply to participate in the pilot project.  No court
shall be required to apply for the project.
   (2) The pilot project courts shall establish a family law
information center located in the superior court, that shall be
supervised by an active member of the State Bar in good standing.
   (3) In superior courts with a family law facilitator, the pilot
project shall coordinate its services with the services of the family
law facilitator, and in at least one pilot project court, the family
law facilitator shall staff and provide the services of the family
law information center.
   (4) In selecting the pilot project courts, the Judicial Council
shall give priority to courts in counties that the Judicial Council
determines are most underserved.
   (5) The pilot project courts shall determine the composition and
number of additional staff necessary to provide the services mandated
by this section.
   (c) The family law information center shall provide, to
unrepresented low-income litigants, information and services,
including, but not limited to, the following:
   (1) Information as to the nature of various types of relief
available through the family court, including restraining orders,
marital dissolution or legal separation, paternity, child or spousal
support, disposition of property, and child custody and visitation,
and the method to seek that relief.
   (2) Information as to the pleadings necessary to be filed for
relief and instructions on the proper completion of those pleadings,
including information as to the importance of the information called
for by the pleadings.
   (3) Information concerning the requirements for proper service of
court papers.
   (4) Assistance in preparing orders after court proceedings
consistent with the court's announced orders.
   (5) Information concerning methods of enforcing court orders in
family law proceedings.
   (6) The family law information center shall maintain a directory
of community resources, including, but not limited to, low-cost legal
assistance, counseling, domestic violence shelters, parenting
education, mental health services, and job placement programs.
   (7) The family law information center shall encourage parties to
seek legal advice and assistance from an independent attorney.
   (d) For purposes of this division, "low-income" shall mean
individuals whose net monthly income, after deduction of mandatory
court ordered payments, is 200 percent or less of the current monthly
poverty line annually established by the Secretary of Health and
Human Services pursuant to the Omnibus Budget Reconciliation Act of
1981, as amended.  Family law litigants, prior to receiving the
services of the family law information center, shall be required to
sign a declaration attesting to their financial eligibility to
receive those services.  No other efforts to verify financial
eligibility shall be necessary.
   (e) The family law information center shall provide interpreter
services, to the extent available in the pilot project courts, and
allow the use of translators to facilitate the services provided
pursuant to subdivision (c).
   (f) The Judicial Council shall promulgate guidelines for the
operation of the family law information center in accordance with the
Rules of Professional Conduct.
   (g) The family law information center shall not represent any
party.  No attorney-client relationship is created between a party
and the family law information center as a result of any information
or services provided to the party by the family law information
center pursuant to subdivision (c).  The family law information
center shall give conspicuous notice that no attorney-client
relationship exists between the center, its staff, and the family law
litigant.  The notice shall include the advice that the absence of
an attorney-client relationship means that communications between the
party and the family law information center are not privileged, and
that the family law information center may provide services to the
other party.
   (h) A person employed by, or directly supervised by, an employee
of the family law information center shall not make any public
comment about a pending or impending proceeding in the court as
provided by paragraph (9) of subdivision (B) of Canon 3 of the Code
of Judicial Ethics.  All persons employed by, or directly supervised
by, an employee of the family law information center shall be
provided a copy of paragraph (9) of subdivision (B) of Canon 3 of the
Code of Judicial Ethics, and shall be required to sign an
acknowledgment that he or she is aware of its provisions.
   (i) The Judicial Council shall create any necessary forms to
advise the parties of the types of services provided, that there is
no attorney-client relationship, that the family law information
center is not responsible for the outcome of any case, that the
family law information center does not represent any party and will
not appear in court on the party's behalf, and that the other party
may also be receiving information and services from the family law
information center.
   (j) A pilot project court may contract with a private nonprofit
entity to staff and provide the services of the family law
information center; however, the family law information center must
be located, and the services provided, in the superior court.
   (k) The Judicial Council shall conduct an evaluation of the pilot
project and shall report to the Legislature, no later than March 1,
2003, on the success of the pilot project.  The evaluation shall
include outcome measures that address increased access to the courts
for low-income litigants and any reduced burden on the courts by
having the services of the family law information center available.
The evaluation shall include an assessment of the number of people
using the services of the family law information center, categorized
by gender and by type of information sought, including information
regarding marital dissolution, paternity, or domestic violence
prevention proceedings, or relating to child custody, visitation,
child support, or spousal support.  The evaluation shall also assess
the frequency with which people seek information from the family law
information center to initiate an action or to respond to an action.
The pilot project shall be deemed a success if, among other things,
the pilot project court assists at least 100 low-income family law
litigants in each year of its operation, a majority of the judges
surveyed in the pilot project court believe the family law
information center helps to expedite family law cases with pro per
litigants, and a majority of the persons using the family law
information center evaluate the services of the family law
information center favorably.
  SEC. 2.  Section 15012 of the Family Code is amended to read:
   15012.  This division shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute deletes or extends that date.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
